Judge Rules Kohberger Can't Be Called 'Psychopath' or 'Sociopath' At Trial
Hidden Killers With Tony Brueski | True Crime News & Commentary
Hidden Killers With Tony Brueski | True Crime News & Commentary
3 • 791 Ratings
🗓️ 21 April 2025
⏱️ 14 minutes
🧾️ Download transcript
Summary
Diving deeper, Tony and Eric unpack why the defense is aggressively challenging specific terms and evidence. What's behind the courtroom battle over using words like "murder," "psychopath," and "sociopath"? Eric reveals the strategy behind excluding emotionally charged language and discusses the legal rationale for allowing the jury to hear the chilling 911 call from surviving roommates under the "excited utterance" hearsay exception. We also discuss the significance of touch DNA found on the knife sheath, a pivotal yet controversial piece of evidence the defense desperately seeks to minimize.
Finally, we explore Kohberger's shaky alibi—stargazing on a cloudy night—and what it means for his defense. Will Kohberger himself have to testify to establish this alibi, potentially opening a Pandora’s box of risk for the defense? Tony and Eric weigh the pros and cons of Kohberger taking the stand and discuss whether the defense's strategies so far have done enough to create reasonable doubt. Don't miss this detailed analysis of how pretrial rulings could determine the trajectory of one of the year's most closely watched death penalty cases.
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Transcript
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| 0:00.0 | This is Hidden Killers with Tony Brewski. |
| 0:04.1 | Back to court in the Brian Coburger case, a hearing just taking place just the other day. |
| 0:12.2 | Not with, you know, fireworks, but a pretrial rulings that quietly decide what the jury will actually get to hear when things finally go to trial. |
| 0:22.9 | We're talking about Amazon purchase histories, 911 call audio, surviving roommate testimony, |
| 0:28.6 | and whether bushy eyebrows are legally significant enough to tip a murder case. |
| 0:34.4 | And just to make things even trickier, we've got autism, alibis, and the death penalty, |
| 0:40.1 | all tangled up into this legal chess match. So with all of these evidentiary decisions still |
| 0:46.0 | hanging in the balance, we brought in someone who knows exactly how these courtroom rules |
| 0:50.4 | shape a case, former prosecutor and defense attorney Eric Fattis. Eric, when a judge is making all of these pretrial calls about the jury, what they can and what they |
| 1:00.6 | can't hear, especially in a death penalty case like this, how much does that shape the outcome |
| 1:06.0 | before trial even begins? |
| 1:09.5 | It really installs parameters for the case. You know, there's all this |
| 1:13.9 | information we've heard about the case, but only some of that is going to be legally admissible. |
| 1:19.0 | It presents, puts up some guardrails, kind of. So the judge can ensure that the case doesn't go |
| 1:25.5 | completely off the rails with, you know, |
| 1:27.7 | conspiracy theories or evidence that is not legally competent and admissible. |
| 1:33.3 | And so it really sort of shapes what the jury is going to hear and affects the strategy on |
| 1:39.2 | both sides based on what those pretrial rulings will be. |
| 1:42.2 | And there's a lot of a thing. |
| 1:43.9 | I mean, basically, Ann Taylor went through the laundry list |
| 1:46.4 | to trying to get everything excluded and saw what stuck. |
| 1:48.8 | I was kind of like, it's funny watching her. |
... |
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